SUBJECT: 29 CFR 1910.106(e)(2)(ii)(b), Clarification of the Quantity of
Liquid That May Be Located Outside of an Inside Storage Room or Storage
Cabinet in a Building or in Any One Fire Area of a Building.

C. Action. OSHA Regional Administrators/Area Directors shall ensure that
the enforcement of 29 CFR 1910.106(e)(2)(ii)(b) is consistent with the
interpretation in paragraph E. of this instruction.

D. Federal Program Change. This instruction describes a Federal program

change which affects State programs. Each Regional Administrator
shall:

1. Ensure that this change is forwarded to each State designee.

2. Explain the technical content of the change to the State
designee as requested.

3. Ensure that State designees are asked to acknowledge receipt of
this Federal program change in writing, within 30 days of notification, to
the Regional Administrator. The acknowledgment should include a description
either of the State's plan to implement the change or of the reasons why the
change should not apply to that State.

4. Review policies, instructions and guidelines issued by the
State to determine that this change has been communicated to State program
personnel. Routine monitoring activities (accompanied inspections and case
file reviews) shall also be used to determine if this change has been
implemented in actual performance.

1. 29 CFR 1910.106(e)(2)(ii)(b) requires that the quantity of
liquid that may be located outside of an inside storage room or storage
cabinet in a building, or in any one fire area of a building shall not
exceed:

a. 25 gallons of Class IA liquids in containers.

b. 120 gallons of Class IB, IC, or II or III liquids in
containers.

c. 660 gallons of Class IB, IC, II or III liquids in a single
portable tank.

2. Some Area Directors have interpreted these requirements to
permit employers the choice of one of the three options. In other words,
under this interpretation, if 25 gallons of Class IA liquids was stored in
containers outside of an inside storage room or storage cabinet in a
building, no additional quantity of Class IB, IC, II, or III liquids would be
allowed. This is contrary to the intended meaning of this standard.

This means that any combination of the permitted quantities of
various classes of flammable liquids is allowed so long as the maximum
permitted quantity for any one of the three categories is not
exceeded.

Grover C. Wrenn Director, Federal Compliance and State Programs

DISTRIBUTION: National, Regional and Area Offices All Compliance Officers
State Designees NIOSH Regional Program Directors

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